i think both of us really believe the death penalty is wrong, and is flawed for many reasons. the list is as long as my arm -- about several others. we feel this is important for both of us, personally, to participate in the debate of this issue in a way that we can help people frame it for a conversation.

-- i like to take roll. >> commissioner antonini: here >> commissioner hillis: here >> commissioner sugaya: here >> commissioner moore: here. >> commissioner borden: here. >>: item 1, 2013.0029x, at 222 2nd street, request for determination of compliance, request for continuance. we have received late request for continued items 10 a, b & c.

for case -- the requested data continuances to february 14. i have no other items. i have no speaker cards for matters propose for continuance. i do have speaker card for items on 1741 powell. >> president fong: public comments on items proposed for continuance. >>: good afternoon president fong, commissioners. we did make this request for continuance

as a sponsor of this special district use legislation. very briefly i did want to state that the sud is contingent on the lease negotiations that the mta is conducting with the owner of 1741 powell. the negotiations are going. our requested for a continuance of one week. >> president fong: additional public comment on the two items proposed for continuance? >>: my name is richard hamlin longtime resident of north beach. i want this project very much. extraction down at the pagoda and perhaps someday having a station there. >>: -- we submitted a legal

letter to the planning commission. -- opposes and objects to the extraction at the pagoda and zoning map amendment and special use district on the grounds of this project is obviously very different from the original project that was approved in the eir by example the geotechnical engineers letter included in the package points out the very high water table and the de-watering and pressure on adjacent buildings not evaluated on a previous eir. also,--

>>: this public comment is only to the continuance itself. >>: should i make comments during the general comments? >> president fong: any further comment about the continuance? >> commissioner antonini: move to continue item 1 to feb. 14, items 10 a, b, c, d to feb. 14. >> president fong: commissioner sugaya. >> commissioner sugaya: i would like the commission to continue an extended continuance time. there are enough issues raised in the letter from save muni around the -- issues. in order to be able to have staff consider the implications of what has been presented in

those letters and also to be able to take into consideration the geotechnical information that was just received which has i believe more information with respect to the de-watering consequences of this project versus what has already been studied which is vibration, two different kinds of geotechnical considerations here. and also i believe that unless i am mistaken the 106 process associated with nepa and the national historical preservation act has just gone to the -- and i do believe that processes has not been completed. i believe it is prudent to

consider these items before we undertake your own review process here. i would like to propose to extend it out. i don't have a date, and i don't know if i have support but that is my argument. >> commissioner moore: i i share the same concerns particularly with nepa and sequa. the previous project was a very important cu, we spent a lot of time on with no provisions for the rest of the new commissioners to catch up and the communication and negotiation to all of a sudden move this project into an sud was really fully appreciating the -- and it is overreaching and too quick. three of the rest of the commissioners will be voting

on it without understanding the past project. the sud is a significant move involved and requires time. in addition to the concerns expressed by commissioner sugaya and other issues, the commission has to be more fully understanding; in the past the director has expressed specific ideas about suds. >> commissioner antonini: my motion for the 14th continues; i don't support any further extension. i have read the supplemental eir materials in connections and they speak well to the issues raised. as to the issue of commissioners who were not present during the original approval it is something that can be understood fairly quickly when you read the materials from the past

or request those. should i repeat? anyway i feel that up to not present commissioners to voice concerns but i think the issue is easily understood. >> commissioner hillis: i am also fine hearing it next week; some of the questions raised we should have responses to an i would ask staff to respond. if i could ask mr. chu how continuance of longer could affect the project. >>: the answer to commissioner hillis's question, our office appreciates the issues raised by commissioners sugaya and moore and we look forward to a substantive discussion next week

will request from the continuance. since last may when the mta's project extract the boring machine at columbia and union achieved the level of awareness led to where we are today. in early december the mta board this directed the staff to pursue this pagoda option. appreciate the work that city attorney and other city officials and the property owner have been working hard to make this option a reality. we do need to stay in a tight timeline driven by the mta's need to have extraction boxes ready in north beach when the tunnel boring arrives. if we don't get those negotiations done and move forward on these approvals in a timely manner this option will not be possible.

that's why i request that. we do have the answers i believe to all the questions raised by commissioners sugaya and moore. is commissioner antonini stated the addendum was done and was thoroughly the seir and seis, the technical issues raised by savemuni.com i could say in all honesty a red herring. de-watering and water is a typical issue that has to be dealt with in any urban environment. the same engineering solution will be pursued in this location, using the location of the station and with a tunnel boring machine goes underground under -- and south of market neighborhood. that is my request. thank you. >> president fong: commissioner borden.

>> commissioner borden: thank you for the explanation. sometime people say that other peoples property will be impacted but that is beyond the scope of our jurisdiction. with the addendum to the eir, what we are looking at as sud more than anything not looking at all the other issues i feel comfortable moving forward next week with the bigger issue, conditional use necessary and desirable the central subway project where these machines can go. that is an important initiative not just for this commission to consider but for the city at large. >> president fong: commissioner sugaya. >> commissioner sugaya: mr. chu, could you provide information on the nepa process, when do you expect it to be completed? >>: that process is underway and both the planning department, mta and city attorney are in touch with all the relevant agencies

such as ship and nesta the process is to be completed before any demolition occurs at 1741 powell. i have no indication from individual staff working on the project that that would not occur this time. >>: to your knowledge has the mta conducted a de-watering report of its own versus what has been provided by the property owner? there is a geotech report that the property had to provide for the previous project that we approved. do you know if mta as you are saying will provide answers to my question? other going to undertake their own get technical report in one week? >>: commissioner sugaya, president fong, i don't want to get too much into engineering issues

since my graduate degrees in journalism. i do understand the mta has an engineering plan to deal with water at the site again typical to any subterranean work in an urban environment and fully aware of the water issues on the side and the other side of san francisco. the technical report cited by mr. wong in savemuni.com envisions a box built to the deapth of 75 feet, which is inaccurate. it will be built to a depth of 42 feet. >>: i have another process question related to the continuance. time is of the essence because muni needs to have the boxes in the grandmother then the boring machine arrives. how many years away?

>>: my understanding is that they arrive later this year . the machines are slated to arrive in north beach % i don't want to be too precise -- sometime in early or mid 2014. they don't want to push right up against the timeline. they have sons contingency time but not very much. >>: i'd like to repeat my request. doesn't seem like something over a year away, another week or two is going to cause a delay. >> president fong: commissioner borden. >> commissioner borden: if there are issues we can always continue next week, if there are issues that we can't answer. >>: there is a motion and a second commissioners. >>: continue items 1 and 10 a-c to the date proposed. >> commissioner antonini: aye

>> commissioner moore: no >> commissioner sugaya: no >> commissioner wu: aye >> president fong: aye >> commissioner borden: aye. >>: passes 5-2 with commissioners sugaya and moore dissenting. >>: item 2, no separate discussion of these items. in which case the matter will be removed from the consent calendar and considered as a separate item. item 2, case 2012.0255c. (reading agenda) 501 taylor street, request for conditional use authorization.

item four, 2011.1237c, item 5, 2012.1351c. if i could refer to check the speaker cards to see if anyone wishes to speak. >> president fong: we have two speaker cards, items 4 and 5. that's pulling these off then. we'll heare public comment for item 4, joe duffy (sounds like).

>>: this is just the request to take it off the consent calendar. generally we put the signs of the beginning of the regular calendar once they have been taken off the consent unless you want to hear them now. >>: 1520 stockton st., item 5. >> president fong: will pull them off consent and hear those, correct? >>: you have to reserve public comment and testimony until we call the regular calendar which should be shortly. >>: the non-commissioner borden. >> commissioner borden: i move

to approve. >>: second. >> commissioner moore: aye >> commissioner sugaya: aye >> commissioner wu: aye >> president fong: aye >> commissioner moore: aye. >>: passes unanimously, 7-0. item 6. >> president fong: any public comments on minutes? commissioner antonini. >> commissioner antonini: it is no coincidence that i am wearing purple. >> president fong: we are on minutes-- >> commissioner antonini: sorry, move to approve. >> president fong: commissioner moore.

>>: >> commissioner antonini: aye >> commissioner sugaya: aye >> commissioner wu: aye >> president fong: aye >> commissioner moore: aye. >>: item passes 7-0. >> commissioner moore: i would like to give commissioner antonini the opportunity to explain the purple. >> commissioner antonini: i don't want to suggest that i have become a raven's fan but i do want to express appreciation to the city of baltimore, an area that has had tough times economically also in terms of football franchises. the colts were jerked out of baltimore

in the middle of the night and moved to indianapolis. later they were able to recapture their own football franchise at the expense of the cleveland browns but it was done the right way. the team that was the cleveland browns moved to baltimore and became the ravens. we can credit baltimore for the renaissance of inner-city stadiums with the building first of camden yards, the first of the new, old-style baseball stadiums located not in suburban parks but in the middle of cities and we are the beneficiaries of the vision because subsequent to that a lot of other parks were built in the middle of cities and most noticeably for us at&t park, wonderful asset for us. they also built a new football stadium a few hundred yards

or maybe 1000 yards or so away from camden yard at the end of train yards a great benefit for the city of baltimore. i commend them for their vision in this issue and i'm happy for them even though i am very sad for us having lost the game. i have to acknowledge some of the leadership and some good choices that were made fast that set the tone for stadiums being within the middle of cities. >>: commissioner moore, now you know. >> commissioner moore: there must be baltimore leaings seeing city attorney -- high at commissioner wu also wearing

purple. speaking about potential redesigns of the lower floors of the trans-bay tower, i also heard that -- might be looking for a building we approved on the corner of mission and beale i think. mission freemont. any of those streets. if there are updates as they pertain to changes in buildings i think the commission would be very interested to get a general update from you on those matters that we know when the public approaches us what needs to come back and what we are extending titles to, etc. that will be my comment. if you have not seen the article i would be happy to pass it on to you. >> president fong: commissioner borden.

>> commissioner borden: not to belabor football but actually grew up in baltimore. the city did lose its team in 1983. there has been a tremendous rebirth and revitalization not only downtown but all along the water and what is interesting - two interesting dynamics, is that they have a great medical science but the second thing is johns hopkins university has helped to develop large blocks of the city. they see it as a larger civic duty to make baltimore it better city and it is a positive example of how -- can work positively with the city in revitalizing neighborhoods. if there is something to learn from baltimore that is something.

>> president fong: just for the benefit of the public, i was walked up to the podium and received three speaker cards for 501 taylor. that item was just approved unanimously. item 3, for 501 taylor. item 8, directors' announcements. >>: one question that you raised about 350 mission, i did meet with the new owners of the project; they are planning on moving ahead with the project as designed and approved by the commission. that project is not seeing any changes. salesforce will be the sole occupant. they are not proposing any design changes as of this time.

>> commissioner wu: i'm saying because you were quoted in the paper many weeks ago as saying that if they want to add two or three stories that is fine with me. maybe somebody put words in your mouth. this commission would like to know and so with the public because i am sure he did not say that. >>: they would have to come back to you of course. i have not heard about changes to the -- tower. a i want to let the commission know that we are working on a couple of memos that you asked for. one, the information about interstate 280 that cannot be couple of weeks ago. we are working on that as well. and i think % that concludes my report unless you have questions.

>>: good afternoon commissioners, amy rogers planning staff here to give you the we the report. i want to start with land-use committee on january 28. the land-use committee had an amendment to the code commonly called the condo-lottery ordinance, sponsored by supervisor farrell and cosponsored by supervisor wiener. i would like to give you a quick overview of the law. it is limited to no more than 200 conversions per year through a lottery process.

to qualify occupants must live in the unit for more than three years. the 2012-13 lottery participants can bypass the 2014 lottery if they pay a $20,000 fee. a reduction of the fee by 20% for every year the building has participated in the lottery but has not been successful. where tenants to take the opportunity of a lifetime lease additional refunds can be granted. this is a basic summary of the proposal. supervisors farrell and wiener expressed their concern about opportunities for homeownership in the city in this ordinance

represents a reasonable balance of goals increasing homeownership by increasing tenant protection with lifetime lease. the lottery bypass is around a decade only. sorry, just the lottery, not the bypass. the actual conversions close to 6000 units. lifetime tenant protections were consistent with -- the ellis act and the recent palmer decision. he also stating that converting to